January 20, 2010

Devine Millimet Attorney Involved in Two Important Press/Media Cases

FOR IMMEDIATE RELEASE
CONTACT: Billie Jean Potter
Director of Marketing
Devine Millimet
111 Amherst Street
Manchester, NH 03101
E-mail: bpotter@devinemillimet.com

ANDOVER, Massachusetts -- Peter J. Caruso, Sr., Esq., a shareholder of the Merrimack Valley law firm of Devine Millimet, has recently been involved in two notable media cases involving the open meeting law and publishing fair and accurate news articles.

On December 31, 2009, the SJC ruled in the District Attorney for the Northern District v. School Committee of Wayland case that the School Committee violated the law when it met in secret session to discuss the performance evaluation of Wayland's superintendent of schools, and also when the Committee exchanged private e-mails regarding the evaluation in advance of the meeting. Attorney Caruso states "this important open meeting case reaffirms that secret sessions and e-mailing among public officials violate the public's right to know." Further, "the performance of local officials ought to be discussed in an open public forum - not behind closed doors." Attorney Caruso co-authored the amicus brief as General Counsel for the Massachusetts Newspaper Publishers Association.

On January 7, 2010, the SJC in Howell v. The Enterprise Publishing Company, ruled on the newspaper's right to report on a public meeting by a Board of Selectmen that fired the superintendent of the sewer department for having pornographic images on his town computer. The sewer superintendent sued the newspaper for libel and emotional distress for reporting the Selectmen’s actions, all of which were conducted in a public hearing. Lower courts, both District and the Appeals Court, had allowed the suit against the newspaper to continue. The SJC ruled that so long as the news report of the official actions of the Board is fair and accurate, a safe harbor is created for the Press. A resounding decision that "protects the press when it reports on official actions that members of the public could have witnessed for themselves," even if the report, by its very nature, is defamatory. Attorney Caruso, again as General Counsel for the MNPA, was on brief for the defendant newspaper, states that "The press has always been the public's eyes and ears."

Attorney Caruso, the former managing partner of Caruso & Caruso, LLP, in Andover, Massachusetts has extensive experience in all facets of the law, with a concentration in newspaper, privacy, defamation, advertising, media and internet law, and copyright and publications law. He has represented newspapers and press associations throughout New England since 1977, including the Willie Horton, Pam Smart, and Alan Eagleson cases. He represents a wide variety of media and communication law clients throughout New England.